Liver disease (hepatitis, cirrhosis) decisions — 2016

The Veteran's appeal is being remanded to obtain additional medical opinions regarding his claims for Hepatitis C and cervical spine DJD. The VA will need to ensure that the file contains all relevant records, including updated treatment records.

The Veteran's claims for service connection are being remanded due to the need for additional development and readjudication, including obtaining records from SSA, VA treatment records, and opinions regarding exposure to herbicides in Vietnam.

The Board granted service connection for hypertension and a heart disability (atrial fibrillation) as secondary to herbicide exposure, service-connected disabilities, and hypertension.

The Board has remanded the case due to a need for a medical opinion regarding the cause of the Veteran's death, specifically whether his hepatitis C is related to service. The claim will be returned to the Board after further development.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for hepatitis C. The Veteran's current hepatitis C is found to be etiologically related to engaging in high-risk sexual activity during service. Service connection for hepatitis C is granted.

The Board denied the Veteran's claims for service connection for a skin disability, cervical spine disability, hepatitis, left knee disability and back disability. The decision found that new evidence did not relate to an unestablished fact necessary to substantiate any of these claims.

The Veteran's claims for hepatitis C and substance abuse secondary to PTSD are being remanded due to the need for additional development, including a VA examination. The competency issue is also being addressed.

The Veteran's hepatitis C was rated at 20 percent prior to May 8, 2014 and upgraded to 100 percent effective May 8, 2014.

The Veteran's basal cell carcinoma is at least as likely as not the result of herbicide exposure and sun exposure during service. The RO granted service connection for this disability. Other issues remain pending in appellate status.

The Veteran's claims for earlier effective dates for hepatitis C and diabetes mellitus were denied as there was no prior claim or indication of intent to file a claim before the respective effective dates.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and any related Social Security Administration records. He also needs to be scheduled for a VA examination to determine the nature and etiology of his sleep disorder, erectile dysfunction, acid reflux, and hepatitis C.

The Veteran's death was not due to a service-connected disability that had been rated totally disabling for at least eight years prior to his death. Therefore, the Appellant is not entitled to an increased rate of DIC under 38 U.S.C.A. § 1311(a)(2).

The Board has determined that the Veteran's alcohol abuse disorder with history of alcoholism is due to his voluntary use of alcohol, and therefore not a disability for which service connection may be granted.

The Board found that the Veteran's hepatitis C was not incurred in or caused by his active duty service and denied his claim.

The Veteran's service-connected disabilities, including major depressive disorder, prostate cancer, and hepatitis C, are found to be at least as likely as not preventing him from securing or following a substantially gainful occupation. As his combined rating was 80% prior to August 1, 2012, the claim is granted for this period.

The Board has determined that the Veteran's hepatitis C is not related to his service, specifically due to a dishonorable discharge from his second period of service. The claim for service connection is denied.

The Veteran's hepatitis C and cirrhosis of the liver were found to meet criteria for a 100% disability rating for hepatitis C from June 20, 2013. The Veteran was also granted SMC at the housebound rate due to his service-connected disabilities.

The Board found that the Veteran's cause of death (small bowel ischemia, hypotension, and sepsis) was not causally or etiologically related to his military service. The in-service back injury did not contribute substantially or materially to his death.

The Veteran's hepatitis C is found to be related to his service, and the claim for service connection for this condition is granted. The claims for secondary service connection for liver disorder other than hepatitis C, colon cancer, and diabetes mellitus are addressed in the REMAND portion of the decision.

The Board has determined that additional VA treatment records are needed for the Veteran's PTSD and hepatitis C claims, as these records may impact the adjudication of her appeal. The case is therefore being remanded to allow for this development.